Get A FREE Consultation!
We run out of free consultations every month. Sign up to make sure you get your free consultation. (Free $350 value.)
Menu
Can you get in trouble if your gun is stolen?
In this article, you’ll learn about:
Let’s dig in.
We run out of free consultations every month. Sign up to make sure you get your free consultation. (Free $350 value.)
Yes, you can get in trouble if your gun is stolen.
You can face criminal charges if your gun is stolen and used in a crime.
Most states have gun laws that penalize you if your gun is stolen and used in a crime.
These gun control laws impose criminal liability for not properly securing your firearm.
You could face a misdemeanor or a felony, depending on the state you live in.
For example, if your stolen gun gets used for murder, you’ll face felony jail time.
You need to report your gun stolen to a local law enforcement agency as soon as possible.
Fill out the form on this page if you:
Here is a list of potential charges you could face if your stolen gun gets used in a crime:
You can get in trouble and get charged with any of these.
Even if you’re not the one in possession of the gun.
State laws are such that it’s your responsibility to secure your firearms.
Per state laws, the three things that you need to do if your gun was stolen are:
If you have firearm insurance, contact your insurance provider to file the firearm stolen
All states have reporting requirements for the theft of a firearm.
Yes, you should report a gun as stolen.
You need to report lost guns even if it’s just been lost.
Reporting laws state that if you don’t report a stolen gun, firearm owners are liable for:
Here are the steps for how to report lost or stolen guns:
The National Crime Information Center does not:
The NCIC maintains a database of stolen firearms.
Their database helps local law enforcement recover it if it’s ever found.
What will the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) do?
The ATF will use police records (when you file a report) to:
When the ATF gets involved with a stolen firearm case, they:
No, it is not possible to report a stolen gun without a serial number.
There is no way for the police department, ATF, or NCIC to trace guns without a serial number.
In fact, owning a gun without a serial number in the United States is illegal.
Federal and state laws require all firearms to have a serial number.
And for you to register them with the ATF.
Let’s say that the police department finds out that you own a gun without a serial number.
You can face federal and state charges for that.
And you can get hit with felony charges that give you:
When you report a stolen gun, the police will add that information to their database.
They will investigate the theft of your gun by:
Why would the police care so much about your stolen gun?
Is it only if it’s a part of a larger gun trafficking operation?
They want to make sure that your stolen gun doesn’t end up in the wrong hands.
Recovering your gun can help solve other crimes they are investigating.
It also helps prevent future thefts or illegal use of guns.
It matters that your gun gets found.
When your gun is used for a crime, it is traced back to the gun owner.
The gun owner can get criminal charges if their gun was used.
When police find your gun, they will return it to your local police department.
The local police department can either:
Yes, police do return stolen guns.
But they have the option not to return stolen guns to the owner.
Guns that were used in a crime will:
Let’s look at some scenarios to see if you’ll get in trouble or not.
And to know what to do to stay out of trouble if your gun gets stolen.
When your gun gets stolen from your car, you need to report it to the police immediately.
You will be liable for someone using your gun in a crime if it’s not reported to the police.
When someone steals your gun from your car, the cops will want to know:
There are two scenarios to consider for what happens if someone commits a crime with your gun:
Let’s look at if you DID report it as stolen to the local police.
You likely won’t get held responsible if someone commits a crime with your gun.
But what if you do not report the gun as stolen?
When someone commits a crime with your unreported, stolen gun, you may:
If someone gets caught with your gun (and it’s stolen), they can face:
Possessing a stolen gun is a serious crime.
It can land you jail time, fines, and a criminal record.
You can get in trouble even if you didn’t know it was a stolen gun.
You should always run the serial number of a gun through NCIC to make sure it’s not stolen.
Not all states have the same laws for stolen guns.
But, most state laws are sure that there:
When buying a gun, how do you know if it’s stolen?
Check the serial number of the gun you’re purchasing against the ATF or NCIC database.
These databases will tell you if the gun has been reported as stolen or not.
Make sure that you only purchase guns from federal firearm licensed (FFL) gun dealers.
18 U.S.C. 923 requires gun dealers to:
Purchasing a stolen gun can land you with:
You can get in trouble for buying a stolen gun even if you didn’t know it was stolen.
To check if a gun was stolen, call the ATF at 1-800-ATF-GUNS (1-800-283-4867).
They keep a database of all reported stolen guns.
They can tell you if a gun was stolen or not before you buy it.
The penalty for possessing a stolen firearm depends on your state.
But, you’ll get criminal charges that range from probation to felony charges.
You can face other penalties for possessing a stolen firearm, like:
Yes, possession of a stolen firearm is a felony.
You will get charged with:
You could also face federal-level charges for being in possession of a stolen handgun.
Here are a couple of questions we get asked on this topic.
The penalty for a gun without a serial number gets you:
Possessing a gun without a serial number is a serious crime.
Here is a list of things that you should do if you find a gun:
If you are facing a conviction over a stolen gun, fill out the form on this page.
Our criminal defense attorneys have the experience you need to defend your rights.
This way, you don’t:
You deserve a fair trial in the criminal justice system.
We can provide you with that.
Talk soon.
We run out of free consultations every month. Sign up to make sure you get your free consultation. (Free $350 value.)
Need to keep your money and property safe? We help make sure your hard-earned assets are protected. Our team knows how to create plans that guard against lawsuits and creditors. We work to keep your wealth safe for you and your family’s future.
This website is for informational purposes only. It is not legal advice. Consult an attorney if you are seeking legal advice. Check out our privacy policy.